Circular No. 04/2008/TT-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Home Affairs, the Home Affairs Office under the People's Committee at the provincial and district levels.

CIRCULAR

GUIDELINES ON THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF

Department of Civil Service, Civil Service Office under the Provincial People's Committee, District People's Committee

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Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 13/2008/ND-CP dated February 4, 2008 of the Government on the organization of specialized agencies under the People's Committees of provinces and centrally governed cities;

Pursuant to Decree No. 14/2008/ND-CP dated February 4, 2008 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, and centrally governed cities within provinces;

Pursuant to Decree No. 48/2008/ND-CP dated April 17, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Civil Service;

The Ministry of Civil Service guides certain contents regarding the functions, tasks, powers, and organizational structure of the Department of Civil Service, Civil Service Office under the Provincial People's Committee, District People's Committee as follows:

Part I

Form 3. Application for issuance of the Archival Profession Practice Certificate

I. POSITION AND FUNCTIONS

1. The Department of Civil Service is a specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as the Provincial People's Committee) with the function of advising and assisting the Provincial People's Committee in performing state management over civil service affairs, including: organizational structures; staffing of administrative and public service agencies; administrative reform; local administration; administrative boundaries; civil servants, public officials, and employees of the state at the provincial, district, town, and city levels; organizations, non-governmental organizations, state archives; religion; commendation and rewards.

2. The Department of Civil Service has legal personality, its own seal and bank account; it is subject to the direction and management of the Provincial People's Committee concerning organization, staffing, and personnel work, while also being subject to the direction, inspection, and guidance of the Ministry of Civil Service in terms of professional matters.

II. TASKS AND POWERS

1. Submit to the Provincial People's Committee draft decisions, directives; long-term, five-year, and annual plans and programs; projects within the scope of state management of the Department on the provincial level.

2. Implement regulatory legal documents, plans, projects, programs that have been approved; provide information, propaganda, guidance, inspection, dissemination, and education on laws related to the fields under the assigned state management.

||| b) Propose the Provincial People's Committee to submit proposals for establishing, merging, splitting, or dissolving specialized agencies under the Provincial People's Committee and the District People's Committee to the competent authority for decision-making according to regulations;

a) Submit to the Provincial People's Committee for decision-making on the delegation of management of organizational structures to specialized agencies and public service units under the Provincial People's Committee and District People's Committee.

b) Review and submit to the Provincial People's Committee for regulations on the functions, tasks, powers, and organizational structures of specialized agencies, bureaus under specialized agencies, and public service units under the Provincial People's Committee; proposals for establishing, merging, and dissolving public service units under the Provincial People's Committee for the Provincial People's Committee to decide according to regulations;

c) Review and submit to the Chairman of the Provincial People's Committee for decision-making on the establishment, dissolution, and merger of inter-sectoral provincial organizations according to the law;

d) Advise and assist the Provincial People's Committee in drafting proposals for establishing, merging, and dissolving specialized agencies under the Provincial People's Committee and District People's Committee according to regulations for the Provincial People's Committee to submit to the Provincial People's Council for decision according to its authority.

e) Coordinate with other relevant specialized agencies at the provincial level to guide, monitor, and inspect the implementation of classification and ranking of administrative agencies and public service units at the provincial level according to the law.

4. Regarding management and utilization of administrative and public service staffing:

a) Develop and report to the Provincial People's Committee the local staffing plan to be submitted to the Provincial People's Council for deciding on the total public service staffing in the locality and approving the total administrative staffing in the locality before submitting to the competent authority for decision;

b) Submit to the Chairman of the Provincial People's Committee for decision on allocating staffing quotas for administrative and public service agencies;

c) Guide the management and utilization of staffing for specialized agencies under the Provincial People's Committee and District People's Committee and public service units according to the law.

5. Regarding organization of local government:

a) Guide the organization and operation of local government machinery at all levels within the province;

b) Organize and guide election work for representatives of People's Councils at all levels; coordinate with relevant agencies to organize and guide election work for National Assembly representatives according to the law; compile election results for representatives of People's Councils at all levels;

c) Review and submit to the Provincial People's Committee for approval of the election results for Chairmen, Vice-Chairmen, and other members of District People's Committees. Assist the People's Council, Provincial People's Committee in presenting to the Standing Committee of the National Assembly and the Prime Minister for approval of elected positions according to the law;

d) Advise and assist the People's Council, Provincial People's Committee in training and capacity building for representatives of People's Councils at all levels; compile statistics on the number and quality of representatives of People's Councils and members of People's Committees at all levels for reporting according to regulations.

6. Regarding administrative boundary work and classification of administrative units:

a) Monitor and manage administrative boundary work in the province according to the law and guidelines from the Ministry of Civil Service; prepare proposals and procedures related to the establishment, merger, division, adjustment, renaming, and upgrading of administrative units within the province to be submitted to the competent authority for consideration and decision; guide and implement after receiving approval from the competent authority. Assist the Chairman of the Provincial People's Committee in implementing, guiding, and managing the classification of administrative units at all levels according to the law;

b) Compile and manage files, maps, markers, and administrative boundaries of the province according to guidelines and regulations of the Ministry of Civil Service;

b) Compile and manage the files, boundary maps, markers, and administrative boundaries of the province according to the guidance and regulations of the Ministry of Home Affairs;

c) Guide, inspect the activities of villages, hamlets, wards, communes, and residential quarters in accordance with the provisions of the law and the Ministry of Interior.

7. Guide and inspect the comprehensive report on the implementation of the Village Democracy Regulation at communes, towns, and administrative agencies, public service units under the provincial jurisdiction in accordance with the provisions of the law.

8. Regarding cadres, civil servants, and public officials:

a) Assist the provincial People's Committee in managing state administration over the cadre, civil servant, and public official workforce, including commune-level cadres and civil servants.

b) Advise the provincial People's Committee to issue documents concerning recruitment, management, utilization, training, and capacity building for state cadres, civil servants, and public officials, as well as implement policies and regulations for them in accordance with the law;

c) Uniformly manage and implement training and capacity-building plans for cadres, civil servants, and public officials both domestically and internationally after approval by the provincial People's Committee. Guide and inspect recruitment, management, utilization, and policy implementation for cadres, civil servants, and public officials within the province;

d) Present to the Chairman of the provincial People's Committee for decision or decide within their authority matters related to recruitment, evaluation, transfer, appointment, reappointment, rotation, commendation, disciplinary action, and other policies and regulations for state cadres, civil servants, and public officials under the management of the provincial People's Committee;

đ) Guide and inspect the implementation of regulations regarding job standards and the structure of state cadres, civil servants, and public officials; recruitment, management, and utilization of state civil servants and commune-level cadres according to the law and the Ministry of Interior; hierarchical management of cadre files in accordance with the law.

9. Regarding administrative reform:

a) Present to the provincial People's Committee for decision the allocation of responsibilities among specialized agencies under the provincial People's Committee for administrative reform contents and tasks, including institutional reform, administrative organization reform, building and developing the cadre and civil servant workforce, financial reform, and modernizing the administrative system; monitor, urge, and inspect the implementation according to the provincial People's Committee's decision;

b) Present to the provincial People's Committee and the Chairman of the provincial People's Committee for decision on policies and measures to promote administrative reform, enhance the effectiveness of management by administrative agencies in the province; take the lead and coordinate with central sector agencies located in the province to implement administrative reform;

c) Guide, urge, and inspect specialized agencies under the provincial People's Committee and district and commune People's Committees in implementing administrative reform work according to the approved provincial administrative reform program and plan; the implementation of the single window mechanism at provincial agencies, district People's Committees, and commune People's Committees in accordance with the law and directives from the provincial People's Committee;

d) Assist the provincial People's Committee in summarizing the implementation of regulations on self-management and responsibility for staffing for state agencies and self-management and responsibility for task execution, organizational structure, and staffing for public service units in accordance with the law;

đ) Draft reports on administrative reform work to be presented at monthly meetings of the provincial People's Committee; assist the provincial People's Committee in drafting reports to the Prime Minister and the Ministry of Interior on administrative reform work in accordance with regulations.

10. Regarding the work of associations and non-governmental organizations:

a) Review and present to the Chairman of the provincial People's Committee for decision on permission to establish, dissolve, and approve charters of associations and non-governmental organizations within the province in accordance with the law;

b) Guide and inspect the implementation of association charters for associations and non-governmental organizations in the province. Present to the provincial People's Committee for decision within their authority on handling associations and non-governmental organizations that violate laws and association charters;

c) Take the lead and coordinate with relevant specialized agencies at the same level to present to the provincial People's Committee and the Chairman of the provincial People's Committee for decision on supporting and other policies and regulations for associations in accordance with the law.

11. Regarding archival work:

a) Guide and inspect administrative agencies, public service units, and state-owned enterprises within the province in complying with legal regulations on archival work;

b) Guide and inspect professional matters related to the collection, protection, preservation, and organization of archival materials for agencies and units within the province and the Provincial Archive Center;

c) Review and present to the Chairman of the provincial People's Committee for approval the "List of Sources and Components of Materials to be Submitted to the Provincial Archive Center"; review the "Archival Material Value Title" of the Provincial Archive Center and of agencies listed in the Source Submission List to the Provincial Archive Center and District Archives.

12. Regarding religious work:

a) Assist the provincial People's Committee in directing, guiding, inspecting, and organizing the implementation of Party guidelines and state policies and laws on religion and religious work in the province;

b) Lead and coordinate with relevant agencies to manage state affairs on religion in the province in accordance with the law;

c) Guide professional matters related to religious work;

d) Serve as the liaison between local authorities and religious organizations in the province.

13. Regarding commendation and reward work:

a) Advise the provincial People's Committee and the Chairman of the provincial People's Committee to direct and uniformly manage state affairs on commendation and reward work; concretize Party guidelines and state laws on commendation and reward in line with the actual situation of the province; perform the standing duties of the Provincial Commendation and Reward Council.

b) Advise and assist the Chairman of the Provincial People's Committee and the Provincial Commendation and Competition Council to organize competition movements; summarize and conclude competitions; coordinate with relevant agencies to publicize, disseminate, and promote exemplary models; implement policies on commendations issued by the Party and State; guide and inspect the implementation of competition plans and commendation contents within the province; organize and present commendation forms according to the provisions of the law.

c) Establish, manage, and utilize the Competition and Commendation Fund in accordance with the provisions of the law; manage, distribute, recover, and replace tangible items for commendations according to the分级授权和法律规定。

d) Provide professional guidance on competition and commendation work.

14. Implement international cooperation activities in internal affairs and other fields assigned by the Provincial People's Committee in accordance with the law and as delegated.

15. Conduct inspection and investigation activities related to internal affairs; handle complaints, denunciations, prevent corruption, thrift, and waste; and deal with violations of laws in the fields of work assigned by the Provincial People's Committee in accordance with the law.

16. Provide professional guidance on internal affairs and other fields assigned to administrative agencies, public service units under the province, district-level People's Committees, and commune-level People's Committees. Assist the Provincial People's Committee in performing state management functions in the fields of work assigned to organizations of central ministries and departments and other localities with offices located within the province.

17. Aggregate and statistically analyze organizational structures of administrative agencies and public service units; the number of district-level and commune-level administrative units, villages, hamlets, wards, and residential groups; the quantity and quality of cadres and civil servants at the provincial level and commune level; national archival and record-keeping work; religious work; competition and commendation work, and other fields assigned.

18. Organize research and application of scientific advancements; establish information, archival, and data systems to serve management and professional tasks assigned.

19. Direct and provide guidance on organizing public service activities in fields under the management of the Department.

20. Implement information and reporting duties to the Provincial People's Committee and the Ministry of Home Affairs regarding the implementation of assigned tasks in accordance with regulations.

21. Manage the organizational structure, staffing, implement salary systems, and policies on incentives, commendations, disciplinary actions, training, and professional development for cadres, civil servants, and public officials under the Department in accordance with regulations.

22. Manage the financial and asset resources of the Department in accordance with the law and the delegation of the Provincial People's Committee.

23. Develop decisions on the functions, responsibilities, authority, organizational structure, working relationships, and accountability of heads of organizations under the Department in accordance with the law to be submitted to the Provincial People's Committee for decision-making or decided upon within its jurisdiction.

24. Perform other tasks and authorities delegated by the Provincial People's Committee, the Chairman of the Provincial People's Committee, and as stipulated by the law.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Department:

a) The Department of Home Affairs has a Director and Deputy Directors.

b) The Director is the head of the Department, responsible before the People's Committee, the Chairman of the Provincial People's Committee, and the law for all activities of the Department and the performance of assigned functions, tasks, and authorities.

c) Deputy Directors assist the Director in directing certain aspects of work and are responsible before the Director and the law for the tasks assigned to them. When the Director is absent, a Deputy Director may be entrusted by the Director to oversee the operations of the Department.

d) The Chairman of the Provincial People's Committee decides on the appointment of the Director and Deputy Directors based on professional standards issued by the Ministry of Home Affairs, in accordance with the Party and State regulations on cadre work, and the law.

đ) Matters concerning the removal, transfer, commendation, disciplinary action, resignation, retirement, and implementation of policies and systems for the Director and Deputy Directors are decided by the Chairman of the Provincial People's Committee in accordance with the law.

2. The organizational structure of the Department shall not exceed nine units, including:

a) Office.

b) Inspectorate.

c) Records Management and Archival Division.

d) Commendation and Competition Board.

đ) Based on the nature, characteristics, and requirements of each locality, the Provincial People's Committee decides to establish a Religious Board or a Religious Division.

The Commendation and Competition Board and the Religious Board (if established) are equivalent to subordinate bureaus under the Department, possessing legal personality, separate bank accounts, and seals.

e) Public Service Organizations under the Department:

- Provincial Archive Center (the Department of Home Affairs will take over the Provincial Archive Center from the Provincial People's Committee Office in its original condition).

- The Director of the Department of Home Affairs submits to the Provincial People's Committee for approval the establishment of other public service organizations under the Department in accordance with the law.

3. Regarding Staffing:

a) Based on the functions, tasks, workload, nature, and specific characteristics of the managed sector, the Director of the Department submits to the Chairman of the Provincial People's Committee for approval the administrative staffing of the Department within the total provincial administrative staffing.

b) The staffing of public service organizations under the Department is determined by the Provincial People's Committee in accordance with the law.

c) The allocation of cadres, civil servants, and public officials must be based on job positions, titles, standards, and the structure of civil servant and public official grades as prescribed.

Part II

DEPARTMENT OF HOME AFFAIRS

I. POSITION AND FUNCTION

1. The Home Affairs Office is a specialized agency under the District People's Committee (hereinafter referred to as the District People's Committee), serving as an advisory body assisting the District People's Committee in performing state management functions in the following areas: organization and staffing of administrative and public service institutions; administrative reform; local government; administrative boundaries; national cadres, civil servants, and public officials; commune-level cadres and civil servants; associations and non-governmental organizations; national archival and record-keeping work, religion; competition and commendation.

2. The Department of Civil Affairs has legal personality, its own seal and separate account; it is subject to the direction and management regarding organization, staffing, and personnel work by the People's Committee at the district level, while also being subject to direction, inspection, and guidance on professional matters by the Provincial Department of Civil Affairs.

II. TASKS AND POWERS

1. Submit guiding documents on civil affairs work within the jurisdiction to the People's Committee at the district level and organize their implementation in accordance with regulations.

2. Submit decisions, directives; long-term, five-year, and annual plans; programs, and measures for organizing the implementation of tasks assigned in the field of state administration to the People's Committee at the district level for issuance.

3. Implement normative legal documents, plans, and programs after approval; provide information, propaganda, dissemination, and education on laws in areas under the assigned jurisdiction.

4. Regarding organization and machinery:

a) Assist the People's Committee at the district level in defining functions, tasks, authorities, and organizing specialized agencies at the district level according to the guidelines of the People's Committee at the provincial level;

b) Submit to the People's Committee at the district level for decision-making or have the People's Committee at the district level submit to the competent authority for decision-making on the establishment, merger, or dissolution of specialized agencies under the People's Committee at the district level;

c) Draft proposals for the establishment, merger, or dissolution of organizations for public welfare to be submitted to the competent authority for decision-making;

d) Assist the Chairman of the People's Committee at the district level in deciding on the establishment, dissolution, or merger of inter-sectoral coordination organizations at the district level in accordance with the provisions of the law.

5. Regarding management and use of administrative and public service staff quotas:

a) Assist the Chairman of the People's Committee at the district level in allocating annual administrative and public service staff quotas;

b) Assist the People's Committee at the district level in guiding and inspecting the management and use of administrative and public service staff quotas;

c) Assist the People's Committee at the district level in summarizing the implementation of regulations on self-management and self-responsibility systems for specialized agencies and public welfare organizations at the district level and the People's Committee at the commune level.

6. Regarding construction of state power:

a) Assist the People's Committee at the district level and competent agencies in organizing elections of National Assembly deputies and People's Council representatives according to the division of labor by the People's Committee at the district level and guidelines from the People's Committee at the provincial level;

b) Carry out procedures for the Chairman of the People's Committee at the district level to approve leadership positions of the People's Committee at the commune level; assist the People's Committee at the district level in submitting to the People's Committee at the provincial level for approval of elected positions in accordance with the law;

c) Assist the People's Committee at the district level in drafting proposals for establishing new, merging, dividing, or adjusting administrative boundaries within the jurisdiction for submission to the People's Council at the same level for approval before submitting to higher authorities for consideration and decision. Responsible for managing files, markers, boundary lines, and maps of administrative boundaries of the district;

d) Assist the People's Committee at the district level in guiding the establishment, dissolution, and merger of village, hamlet, ward, and neighborhood organizations within the district jurisdiction, inspecting, summarizing, and reporting on their activities, and providing training for village, hamlet, ward, and neighborhood chiefs.

7. Assist the People's Committee at the district level in guiding and inspecting the implementation of the Law on Grassroots Democracy by administrative agencies, public welfare units, communes, wards, and towns within the district jurisdiction.

8. Regarding cadres, civil servants, and public officials:

a) Assist the People's Committee at the district level in recruiting, using, transferring, appointing, reappointing, evaluating; implementing policies, training, and enhancing professional knowledge and management skills for cadres, civil servants, and officials;

b) Implement recruitment, management of civil servants at the commune, ward, and town levels, and implement policies for cadres, civil servants, and non-professional cadre at the commune, ward, and town levels according to the分级授权体系，请问您需要继续翻译吗？如果需要，请提供具体的授权级别或进一步指示。由于您的请求中未包含明确的指示，我将直接继续翻译剩余部分。如果您希望调整或停止，请告知。继续翻译剩余部分。

9. Regarding administrative reform:

a) Assist the People's Committee at the district level in implementing, urging, and inspecting relevant specialized agencies at the same level and People's Committees at the commune level in carrying out administrative reform work in the locality;

b) Advise and assist the People's Committee at the district level on policies and measures to promote administrative reform within the district;

c) Summarize the administrative reform work in the locality and report to the People's Committee at the district level and the provincial level;

10. Assist the People's Committee at the district level in managing state administration regarding the organization and activities of associations and non-governmental organizations within the district;

11. Regarding archival work:

a) Guide and inspect agencies and units within the district in complying with legal systems and regulations concerning archival work and record-keeping;

b) Provide professional guidance and inspection on the collection, protection, preservation, and utilization of archival materials for agencies and units within the district and the District Archive;

12. Regarding religious work:

a) Assist the People's Committee at the district level in directing, guiding, inspecting, and implementing the Party's policies and State laws on religion and religious work within the district;

b) Take the lead and coordinate with relevant specialized agencies at the same level to implement state management tasks related to religion within the district according to the classification of the Provincial People's Committee and in accordance with the provisions of the law;

13. Regarding commendation and reward work:

a) Advise and propose to the People's Committee at the district level to organize competitive movements and implement reward policies of the Party and State within the district; perform the permanent duties of the District Competition and Reward Council;

b) Guide, inspect, and urge the implementation of competition plans and reward content within the district; establish, manage, and utilize the Competition and Reward Fund in accordance with the law;

14. Inspect, check, resolve complaints and accusations, and handle violations related to internal affairs work according to authority;

15. Carry out statistical work, provide information, and report to the Chairman of the People's Committee at the district level and the Director of the Department of Home Affairs about the situation and results of implementing internal affairs work within the district;

16. Organize the implementation and application of scientific and technological progress; build an information and archive system to serve state management of internal affairs work within the district;

17. Manage organization, staffing, implement systems, policies, incentives, rewards, punishments, training, and professional development for cadres, civil servants, and public officials under the management of the Internal Affairs Office according to the provisions of the law and the classification of the People's Committee at the district level;

18. Manage the financial and property of the Internal Affairs Office according to the provisions of the law and the classification of the People's Committee at the district level.

19. Assist the People's Committee at the district level to specify the functions, tasks, and powers of the People's Committee of communes, wards, and towns regarding internal affairs work and other assigned fields based on legal provisions and the guidance of the Department of Internal Affairs.

20. Perform other tasks as assigned by the People's Committee of the district.

III. ORGANIZATION AND STAFFING

1. The Department of Internal Affairs shall have a Director, Deputy Directors, and staff members.

a) The Director of the Department of Internal Affairs is responsible before the People's Committee, the Chairman of the People's Committee at the district level, and under the law for the performance of assigned functions, tasks, and powers and all activities of the Department.

b) Deputy Directors assist the Director in managing and overseeing certain aspects of work; they are responsible before the Director and under the law for the tasks assigned to them. In the absence of the Director, a Deputy Director appointed by the Director shall manage the activities of the Department.

c) The appointment, transfer, rotation, commendation, disciplinary action, removal from office, resignation, and implementation of regulations and policies for the Director and Deputy Directors shall be decided by the Chairman of the People's Committee at the district level in accordance with legal provisions.

2. Staffing: The staffing of the Department of Internal Affairs shall be determined by the Chairman of the People's Committee at the district level within the total administrative staffing of the district.

Part III

IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 05/2004/TT-BNV dated January 19, 2004, issued by the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in state management of internal affairs work at local levels; Circular No. 25/2004/TT-BNV dated April 19, 2004, issued by the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in state management of religious work at local levels; Circular No. 21/2005/TT-BNV dated February 1, 2005, issued by the Ministry of Home Affairs guiding the functions, tasks, powers, and organization of the Secretariat and Archives of Ministries, agencies equivalent to ministries, government agencies, and People's Committees; and abolishes point b, item 1 of Circular No. 3499/BNV-TCBC dated November 29, 2005, issued by the Ministry of Home Affairs on the implementation of the Government Decree on organizing the work of Commendation and Awards and abolishes other previous provisions contrary to this Circular.

2. During the implementation of this Circular, if any issues arise or difficulties occur, please report to the Ministry of Home Affairs for adjustment and supplementation./.